Tag Archives: Circuit Court

Dearborn County Circuit Court Proceedings – Sep 1875

Proceedings of the September 1875 Term of the Dearborn County, Indiana Circuit Court appeared in:

Aurora Dearborn Independent – 23 Sep 1875 – Page 2, Column 2

COURT REPORT.

886—Samuel McElfresh et al vs. Board of Commissioners of Dearborn Co. Judgment against defendants for costs.

717—State of Indiana vs. Buck Goodpaster. Recognizance forfeited.

454—Rosa Knote et als vs. Jno. Kuntz et al. Judgment against defts. for costs.

721—State of Indiana vs. John Newell. Defendant acquitted.

716—State of Indiana vs. Patrick Maloney Jr., Jack Greeley, Thos. Greeley, and John Scofield. Defendants acquitted.

891—Hamilton Conaway vs. Elizabeth Sherman et al. Dismissed at Pltfs. costs.

856—Elizabeth Wheeler vs. Samuel Wheeler. Divorce granted. $500 alimony.

906—Mary Alice Mefford vs. Jas. B. Wymond. Dismissed by agreement. Plaintiff receiving $100.

824—State of Indiana vs. Barbara Wagner. Defendant acquitted.

962—Wm. Wheeler vs. Henry Swift et al. Judgment for Plft. for costs and $10 Attys. fee.

895—Henry Schweitzer vs. Wm. Libbing.

896—Henry Hill vs. Same.

897—Henry Moxen vs. Same.

898—Chas. Creamer vs. Same.

927—Henry Bastting vs. Same. Judgment for pltfs. order for attached property to be sold.

923—William Wheeler vs. Geo. A. Matson et al. Judgment for pltfs for $180.86.

934—Wm. Wheeler vs. John Kerrigan et al. Mortgage foreclosed. Judgment $152.65.

967—Alfred O. Gould vs. John Kerrigan et al. Mortgage foreclosed. Judgment $73.65.

982—Lawrence D. Stanford vs. John Kerrigan et al. Mortgage foreclosed. Judgment $65.45.

751—Sidney L. Wilkson vs. Elizabeth A. Willson. Dismissed at pltfs costs.

976—Maria Roth by William H. Dowdell her next friend, vs. Clement W. Robertson. Decree of partition.

Aurora Dearborn Independent – 14 Oct 1875 – Page 2, Column 3

COURT REPORT.

959—Robt. Elliott vs. Joseph Proctor et al. Judgment for pltf. For $310.35.

792—Rezin Johnson, administrator of Thos. Wilson’s estate, vs. B. F. Mulford, stricken from docket.

856—Abiah Hayes vs. Daniel H. Miller, dismissed at deft’s costs.

713—State of Indiana vs. Henry Rief. Defendant found guilty and sentenced to the State Prison for life.

259—Andrew A. Helfer vs. Jas. S. Smith. Judgment for Pltf.

1573—J. W. Neroman vs. Abram Hill. Taken to Ohio county on change of venue.

771—O. & M. R. W. Co. vs. Michael Tracey. Judgment against plfts for costs.

858—Smith No. Fowler vs. Ellen J. Fowler. Dismissed.

976—Maria Roth, by her next friend Wm. H. Dowdell, vs. Clement W. Robertson. Real estate sold and Com. Deed made.

989—Wm. Wheeler vs. Geo. W. Lamb et al. Judgment for Pltf for $308.25.

Aurora Dearborn Independent – 21 Oct 1875 – Page 2, Column 4

COURT REPORT.

764 ½–Harriet Shepherd vs. Elias C. Canfield. Breach of promise. Dismissed at pltf’s costs.

788—State ex rel James S. Bigelow vs. Benj. F. Vail, Administrator et al. Judgment against Retainer for costs.

954—Louis Felk vs. Frank Messang et al. Judgment against deft’s for $689.77.

949—William D. Horser, Adm. de bonis non of estate of James Boatman, vs. Job Shearer. Judgment against deft for $442.10.

889—Philip Metzzar vs. Solomon Longnecke. Judgment against deft for costs.

693—Jacob P. Dunn et al vs. Jeremiah D. Skene et al. Judgment for foreclosure.

726—Emily Bromwell, Adm. of Joseph Bromwell, vs. U. S. Mail Line Company. Removed to U.S. district court.

801—Daniel C. Keeney Sr., Admin. of Daniel Keeney Jr., vs. U. S. Mail Line Company. Removed to U.S. District Court.

842—Mary A. Cheek vs. Strawder Cheek. Judgment for plaintiff.

937—City of Aurora vs. Wm. Cunningham. Judgment against deft for costs.

Dearborn County Circuit Court Proceedings – Nov 1874

Proceedings of the November 1874 Term of the Dearborn County, Indiana Circuit Court appeared in:

Aurora Dearborn Independent – 5 Nov 1874 – Page 2, Column 2

Circuit Court Report.
Before Judge Roberts.

228. John L. Mulford vs. W. B. Miller, Administrator of J. Baley’s estate. Plaintiff defaulted and cause dismissed.

229. Same vs. Same. Plaintiff defaulted and cause dismissed.

238. Dr. A. J. Bowers vs. Stewart, Administrator of Stewart’s estate. Claim of $15.00 allowed.

241. E. G. & J. H. Burkam vs. George Ludlow’s estate. Claim on bill of Exchange, and $1372.47 allowed.

243. O. Priest vs. Wm. Thompson’s estate. Allowed $4.00.

244. Fred. Peter vs. Entils’ estate. Claim dismissed.

635. State vs. Wm. McDole. Since our last report McDole has received his sentence—imprisonment for life. Perpetual obscurity.

634. John R. Davis. Arson. Judgment on the verdict was pronounced by the Court on last Thursday, after overruling a motion for a new trial. Judgment, imprisonment in the State prison for 5 years and that he pay a fine of $100.00.

640. State vs. Joe Mondary. Charge, stealing chickens. Trial by jury. Verdict of guilty, imprisonment for five days, fine $3, and disfranchisement for six months.

644. State vs. Alice Cramer. Provoking assault. Plea of guilty and fine of $1.00.

650. State vs. A. Smith. Assault and Battery. Trial by jury and fine $3.00.

653. State vs. John W. Briggs. Nol. Pros. by Prosecutor.

654. State vs. John F. Trulock. Nol. Pros. by Prosecutor.

656. State vs. Ben. Anderson. Assault and Battery. Trial by jury. Verdict “not guilty.”

660. State vs. W. H. Elman. Surety of the peace. Trial by jury. Finding “not guilty.”

662. State vs. Ingenthorn. Surety of the Peace. Dismissed.

State vs. Anthony Schott. Assault. “Not Guilty.”

69. Catharine Rees by E Gilleland, her next friend, vs. Louis Rees et al. Partition. Judgment of partition granted.

177. Hulda Osgood, Administratrix of S. Osgood vs. Ph. L. Spooner. Dismissed at Plaintiffs costs.

196. W. M. Suit vs. Priscilla Garrison et al. Stricken from the docket.

329. Perry Small, Administrator of Henry Small’s estate vs. R. C. Arnold. Suit to recover for the price of a horse, buggy, and set of harness. Trial by the Court and finding for the Defendant.

419. Jo. C. Small vs. John Hisey et al. Offer to confess judgment for $25.00, and costs accepted. Stricken from the docket.

423. State ex rel Jo. C. Small vs. Richard Hubbartt et als. Action on official bond. Offer to confess judgment for $10 and costs accepted. Stricken from the docket.

478. Jane E. Hayes vs. Edward Hayes. Action for divorce. Dismissed on account of defective affidavit.

491. Martha E. Copeland vs. Leibecke and Metcalfe. Action to recover damages under the liquor law. Dismissed by plaintiff.

496. Sophia Wagner vs. J. C. Bernard. Action for breach of marriage contract and seduction. Trial by the Court and judgment for Plaintiff for $1,000.

500. G. W. Cochaan vs. O. & M. Railway Co. Action to recover the lands on which the Cochran Shops are located. Demurrer to complaint overruled. Defendant ruled to answer.

526. The Rising Sun & H. T. Co. vs. C. E. Hamilton, Action to recover damages for locating a turnpike over Defendant’s land. Trial by jury and finding for Plaintiff for $475.00.

528. Michael Miester vs. I. C. & L. R. R. Co. Dismissed at Defendant’s costs.

533. Carl Kauffman vs. Henry Longe et al. Action to set aside deed. Dismissed at Plaintiff’s costs.

535. Mary J. Hunter vs. John Cooper. Action for damages for obstructing private way. Trial by jury and verdict for one cent.

543. Elizabeth Brooks vs. Matthias Voshall. Breach of marriage contract. Trial by jury & verdict for $1000. The Defendant is seventy five years old.

546. Wm. Wheeler vs. Jos. Helphenstein et al. Judgement for foreclosure and for $281.50.

555. Geo. Zimmerman vs. Jno. B. Garnier. On account. Dismissed.

565. Nancy Hays vs. Ezra Guard et als. Action on note. Judgment for $462.18.

591. Wm. Bruce vs. O. & M. R. W. Co. Damage for killing cow. Judgment for $25.00.

Wesley Shumake vs. Jennie Schmake. Divorce. Dismissed on account of defective affidavit.

609. Wm. Wheeler vs. F. E. Coffee et als. Foreclosure of mortgage and judgment for $803.62.

614. Catharine E. Stevens vs. Mahlon Stevens. Divorce. Dismissed.

620. Pierce and Walker vs. D. H. Miller. Action to recover real estate. Judgment by agreement for Plaintiff for $150 and for possession.

627. H. C. Vincent vs. Liborions Dill. Tried by jury and verdict for Plaintiff for $29.00.

632. Jacob Oswald vs. John Petscher. Foreclosure of chattel mortgage, judgment of sale.

674. John A. Conwell vs. J. G. Brodbeck et als. Defendants defaulted. Judgment of foreclosure.

679. L. G. Hurlbert vs. Amanda Younker et als. Foreclosure and judgment for $361.49.

Dearborn County Circuit Court Proceedings – Sep 1874

Proceedings of the September 1874 Term of the Dearborn County, Indiana Circuit Court appeared in:

Aurora Dearborn Independent – 17 Sep 1874 – Page 2, Column 1

Circuit Court Report.
Before Judge Roberts.

173—Hoover & Abbott vs. John C. Craig, administrator of H. F. Smith’s estate. Proceedings to remove administrator. Dismissed at defendant’s costs.

245—John Shaffer vs. J. H. Bailey’s estate. Claim allowed $107.33.

517—State of Indiana vs. Thos. Crow—nol. pros. by prosecutor. Charged with stealing coat at Aurora.

638—State vs. Albert Knibrant. Assault and battery. Plea of guilty. Fine $2 and costs.

639—State vs. Wesley Howard. Assault and battery. Plea of guilty. Fine $2.

641—State vs. John Brown. Assault. Plea of guilty. Fine $2.

642—State vs. Mrs. Pius Frederick. Plea of guilty to charge of A & B and a fine of $2.

647—State ex rel Ellen Baker vs. C. K. Baker. Surety of the Peace. Dismissed.

648—State vs. Pius Frederick—Charge A and B. Guilty. Fine of $2.

751—State ex rel Mary J. Gibbs vs. William Gibbs. Surety of the peace. Dismissed.

652—State ex rel Jacob Miller vs. Nelson Grimsley. Surety of the peace. Affidavit squashed and case dismissed.

State vs. Henry Parker. Assault. Fine $2 on plea of guilty.

1815—Enoch H. Miller vs. B. H. Hoyes. Action on appeal bond. Dismissed.

8—Christopher White vs. Geo. White. Action to set aside deed. Dismissed at plaintiff’s costs.

41—Sophia Rowe vs. Henry Ripkin. Stricken from the dockt.

179—Hannah S. Stockridge vs. Kate C. and Wilson Thompson. Stricken from the docket.

183—Martha H. Jones, administratrix J. G. Jones’ estate vs. J. N. Green et als. Nelson Green defaulted. Judgment for $847.50.

222. State ex rel S. A. Runnells et als vs. J. W. Lews. Dismissed.

275. Nancy Buffington vs. John Buffington. Divorce. Dismissed.

354. Electa A. Lindsay vs. Samuel F. Lindsay et als. Action to set aside conveyance for fraud. Finding for plaintiff.

513. Elizabeth Hyde vs. T. B. Calloway et als. Judgment of foreclosure and for $2,575.15.

518. John D. Haynes et als vs. Ben. Thompson. On administrator’s bond. Dismissed.

Aurora Dearborn Independent – 24 Sep 1874 – Page 2, Column 3

Circuit Court Report.
Before Judge Roberts.

237. Sallie Conlon vs. N. S. Givan, Administrator of Sherbaugh’s estate. Claim for $619.63. Trial by the Court. Judgment for plaintiff for $425.30.

628. The State vs. Silas Nowlin. Indictment for obstructing public highway. Trial by Jury and a verdict assessing a fine of $25.

645. The State vs. John Mack. Assault and battery. Nol. Pros. by Prosecutor.

658. The State vs. James Abdon. A. and B. Nol. Pros. by Prosecutor.

664. State vs. George Osborn. Information for disturbing religious meeting. Plea of guilty and fine of $5 assessed.

239. Jonathan W. Gordon vs. the Board of Commissioners of Dearborn county. Civil action by Gordon to recover fees for services as attorney in the defense of Cheek in the case of the State vs. McDonald Cheek, charged with the murder of Thomas Harrison. Trial by the Court and a finding for the defendant.

537. James W. Gaff vs. John Dooley et als. Judgment of foreclosure of mortgage and for $190.50.

245. William Wheeler vs. Benjamin Eden et als. Action on note. Judgment for $868.12.

578. Mary M. Johnson et als vs. John F. Caine. Judgment of foreclosure.

589. Charlotte Sowders vs. Frederick Sowders. Action for divorce on the ground of adultery and an adulterous elopement with one Maria Stevens. Trial by the Court and a decree for divorce granted to plaintiff together with judgment for $4,000 alimony. This was the largest judgment for alimony ever rendered in Dearborn county. The defendant was formerly Commissioner of Dearborn county.

597. The State ex rel Mary Hampson vs. Thomas Moody. Bastardy. Dismissed.

615. Smith N. Fowler vs. Ellen J. Fowler. Divorce. Cause dismissed by the Court on account of the defective affidavit filed by plaintiff with the complaint.

628. Mary Jacob vs. Otto Jacob. Partition. Judgment for sale of land granted, and one Ellenbrook appointed Commissioner to sell the same.

648. Alex. Beckman, administrator of H. F. Smith’s estate. On account and note. Trial by the Court and judgment for $668.49.

646. Charles Bruce vs. the North Hogan Turnpike Co. Suit on orders of the company. Trial by the Court and judgment for $904.20.

653. O. P. Cobb & Co. vs. the North Hogan Turnpike Co. On orders. Judgment for $163.50.

672. J. W. Holmes vs. W. S. Bridwell et als. On note. Judgment for $239.78.

678. D. H. Miller vs. R. D. Slater Jr. Judgment for $100.

Ohio County Circuit Court Proceedings – Apr 1874

Proceedings of the April 1874 Term of the Ohio County, Indiana Circuit Court appeared in:
Aurora Dearborn Independent – 9 Apr 1874 – Page 3, Column 2

Ohio County Circuit Court Reports.
Before Judge Roberts.

No. 10—The Rising Sun Insurance Co. vs. C. H. Miller, Adm’r of Jas. Miller’s estate. Dismissed.

No. 17—Henry F. Pattebaum vs. McAdam’s estate. Claim of $60.00 allowed.

No. 22—Margaret Billingsly vs. the estate of James Billingsly. Claim of $609.00 allowed.

No. 16—State of Indiana vs. J. R. Crouch information for selling on Sunday. Tried by a jury and verdict of Not Guilty.

No. 18—W. H. Clark vs. I. S. Haines. Judgment of foreclosure and for $444.00.

Lydia Sedam vs. Verner Sedam. Petition for divorce. Divorce granted.

No. 239—John Zimmerman vs. Louis Koons. Action to recover realty. Judgment for possession and one cent damages. Trial by the Court.

No. 248—B. C. & H. J. Calvert vs. Henry Clement. Action to foreclose mortgage. Judgment of foreclosure and for $133.40.

No. 249—Thomas Douglass vs. Thomas Ryan. On note. Judgment for plaintiff for $742.50.

No. 256—The National Bank of Rising Sun vs. John Grace, Silas B. Fish and H. E. Meir. Action on note. Judgment for $745.44.

The case of Billingsly et al vs. Billingsly et al to contest the will of James Billingsly, deceased, came on for trial on Wednesday of last week, and is yet (Tuesday) pending. A large number of witnesses will be examined on both sides.

Dearborn County Circuit Court Proceedings – May 1874

Proceedings of the May 1874 Term of the Dearborn County, Indiana Circuit Court appeared in:

Aurora Farmer and Mechanic – 7 May 1874 – Page 4, Column 2

Circuit Court.
Omer F. Roberts, Judge.
Reported by G. W. Mendell, Attorney, Lawrenceburg, Ind.

1449—George Towsey et als vs. Volney G. Price et als; partition; continued under former order to sell.

1728—Francis A. Ferris vs. John Ferris et als, on an agreement; continued.

1815—Enoch H. Miller vs. Bailey H. Hays, on appeal bond; continued.

101—Thomas Gaff et als vs. Reuben Tyrel, on note; continued.

153—William H. Brewington vs. George Walser, to recover land; continued.

169—Andrew A. Helfer vs. Martin Tittel; injunction; dismissed.

172—James M. Boatman’s estate vs. Joshua Bates; attachment; continued.

175—Temperance Legg vs. John C. Legg; partition; stricken from the dockets, to be reinstated on motion of either party.

176—Moses Meas vs. Joshua Bates, on notes; continued.

182—Mary Weaver et als vs. the unknown heirs of Betsey Bealer, dec’d; partition; stricken from the docket.

183—Martha H. Jones, admx. &c. vs. John N. Green; on note; continued.

196—William M. Suit vs. Precilla Garrison et als; trust estate; continued.

294—Francis J. Weaver et als vs. Eber Sherman, on commissioners bond; stricken from the docket.

306—Jonah L. Rees vs. William Calloway et als; for relief; stricken from the docket.

333—George Clementz vs. Sally Gloebel; partition; continued.

406—Jacob Hays vs. I. C. & L. R. R. Co.; for damages; death of plaintiff suggested, and Lea Hays adm., substituted.

412—William Bryant et als vs. Edwin B. Dobell et als; to enforce lien; dismissed at defendants costs.

467—John Gutzwiller vs. Michael Egner; on note; judgment by default for $432.25.

469—John C. Bowles et al Executor, &c., vs. Thomas B. Calloway et als; foreclosure; dismissed at plaintiff’s costs.

472—Harriet J. O’Brien, admx., &c. vs. Cornelius Conner et als; on notes; submitted to court for trial and judgment for plaintiff’s for $333.75.

483—Cyntha Clark vs. Levi Clark; divorce; defendant defaulted.

487—First National Bank of Lawrenceburgh vs. Joseph Guard; on note; continued.

495—Joseph Hays vs. Timothy Guard et als; injunction; dismissed at plaintiff’s costs.

497—King et als vs. George Lyon; attachment; dismissed at plaintiff’s costs, with leave to withdraw papers.

498—Arbogast Geiger vs. Eva Johann et als; foreclosure; judgment by default.

499—Otis E. Crosly vs. John M. Parmer, on notes; judgment by default for $134.40.

502—Charlotte Souders vs. Frederick Souders; divorce; defendant defaulted.

503—Carl Walter vs. Michael Karsch et als; foreclosure; dismissed.

505—Adam Defenbaugh vs. George Defenbaugh et als; to cancel mortgage; judgment for plaintiff.

507—Benjamin Plummer vs. Lafayette Plummer et als; to enforce decree; defendant defaulted.

509—Anthony D. Bullock et als vs. De Wit C. Fitch; on bill of exchange; change of venue taken from judge.

514—Leah Hays vs. Enoch H. Miller; partition; defendants defaulted.

516—State ex rel Susan Daggy vs. Albert Howerton; bastardy; continued for publication.

521—George W. Mendenhall et als vs. John M. Parmer; on note; judgment by default for $77.00.

522—Lydia J. Howard vs. James Howard; divorce; defendant defaulted.

524—State ex rel Elizabeth Daggy vs. Frank Baker; bastardy; continued for publication.

525—Ianthe Stevens vs. Charles T. Stevens; divorce; defendant defaulted.

531—Myron H. Harding et als vs. John Myers; attachment; continued by agreement.

537—James W. Gaff vs. John Dooley et als; foreclosure; continued for publication.

538—James N. Greer vs. Robert McDowell et al; on note; dismissed.

544—Jonathan D. Hearn et als vs. Henry Netrugge; on note; judgment by default for $262.80 including attorney’s fees for collection.

550—Jane Bruce et al vs. William Huston et al; foreclosure; judgment by default for $328.75.

552—Edward Hays vs. Margaret Daily et al; on note; judgment by default for $424.83.

553—Hanging Rock Coal Co. vs. John Petscher; on note; judgment by default for $428.23.

554—Charles C. James vs. John Petscher; on note; judgment by default for $211.05.

556—Pierre Fermier vs. Michael Egner et al; on note; judgment by default for $487.46.

557—Mary Groh et al vs. Franciska Miller et als; partition; dismissed.

558—Hellena Stoll vs. Andreas Stoll et als; partition; continued.

564—Danial H. Lockwood et als vs. John Unger; on note; judgment; by default for $389.76.

566—Henry Burbaum et als vs. Chas. Schied; on account; judgment by default.

567—Leah Hays admx. of Jacob Hays estate vs. George Giegoldt; foreclosure; judgment by default.

570—Leah Hays admx. of Jacob Hay’s estate vs. Frank M. Jackson; on note; judgment by default.

572—Leah Hays admx. of Jacob Hays’ estate vs. Edward W. Jackson et al; on note; judgment by default.

577—William Scoble vs. George W. Washington et al; foreclosure; defendants defaulted.

578—Mary M. Johnson et als vs. John F. Cain; partition; continued for process.

582—State ex rel Sarah Lewis vs. Joseph H. Hays; bastardy; not filed in time for this term of court.

583—Thomas Gibson vs. John Walker; to enforce mechanic’s lien; not filed in time for this term of court.

584—Daniel C. Wood vs. John Walker; to enforce mechanic’s lien; not filed in time for this term of court.

625—State vs. John Lampsing; assault and battery; guilty and is fined $5.00 and costs.

Aurora Dearborn Independent – 7 May 1874 – Page 2, Column 4

CIRCUIT COURT REPORT.
Before Judge Roberts.

No. 590—State of Indiana vs. E. F. Teany. Attempt to provoke an assault and battery. Plea of guilty, on which a fine of $5 was assessed.

No. 201—Knowlton & Co. vs. Geo. W. Chisman’s estate. Claim of $21.25 allowed.

No. 175—Temperance Legg vs. Jhon C. Legg. Partition. Stricken from the docket, but may be reinstated on motion of either party.

No. 185—Mary Weaver et als vs. The Heirs of Betsey Buler. Stricken from the docket on the same terms.

No. 294—Francis J. Weaver et als vs. Eber Sherman. Stricken from the docket.

No. 306—Jonah L. Rees vs. Wm. Calloway et als. Stricken from the docket.

No. 350—Fisher Doherty et als vs. John A. Cale. Action on patent right note. Trial by the Court and finding for the defendant.

No. 412—Wm. Bryant et als vs. E. Dobel et als. Dismissed at defendants costs.

No. 431—Wartburg Lodge No. 2 vs. John Stiehbaum. On note. Judgment for $116 for plaintiff.

No. 467—John Gutsweiler vs. Mike Egner. On note. Judgment for plaintiff for $432.25.

No. 469—John C. Bowles et als vs. T. B. Calloway et als. Action to foreclose mortgage. Judgment of foreclosure.

No. 472. Harriet J. O’Brien, Admx. Of C. O’Brien, vs. C. Conner et als. Suit on note. Judgment for plaintiff for $333.75.

No. 495. Joseph Hayes vs. I. Guard et als. Injunction. Dismissed at plaintiff’s cost.

No. 497. Samuel King et als vs. Geo. Lyon. Suit on note and judgment for plaintiff for $144.30.

No. 505. Adam Defenbaugh vs. George Defaubaugh et als. Action to cancel mortgage. Judgment for plaintiff.

No. 521. Geo. Mendenhall et als vs. J. M. Palmer. Action on note. Judgment for plaintiff for $77.

No. 538. James N. Greer vs. Robert McDowell et als. Dismissed.

No. 541. Gershom Dunn vs. The O. & M. R. W. Co. Claim for damages and judgment for $85.

No. 544. Jonathan Hearn vs. Henry Nebrugge. On note. Judgment for plaintiff for $262.80.

No. 550. Jane Bruce et als vs. Wm. Heuston et als. Foreclosure of mortgage and judgment for $428.56.

No. 522. Edward Hayes vs. Margart Daily et als. Judgment on note for $446.

No. 553. Hanging Rock Coal Co. vs. John Petscher. On note. Judgment for $428.23 in favor of plaintiff.

No. 554. C. C. James vs. John Petscher. Judgment for plaintiff for $211.05.

No. 556. Pierre Fermire. On note. Judgment for plaintiff for $487.46.

No. 556. A. B. Buchler vs. Andrew Wagner et als. On note. Judgment for plaintiff for $143.

No. 565. D. H. Lockwood vs. John Unger. On note. Judgment for plaintiff for $389.76.

No. 566. H. Burbaum & Co. vs. Charles Schide. On note. Judgment for plaintiff for $357.81.

No. 532. Mary Sherbaugh vs. Margaret Sherbaugh et als. Petition for partition. Judgment for partition.

The Grand Jury was dismissed on Tuesday, having found ten indictments.

Aurora Farmer and Mechanic – 14 May 1874 – Page 4, Column 3

Circuit Court.
Omer F. Roberts, Judge.
Reported by G. W. Mendell, Attorney, Lawrenceburgh, Ind.

317—Thomas S. Chisman vs. Elias Chisman; motion to tax costs; motion submitted and overruled.

350—Fisher Doherty et als vs. John A. Cole, on note; submitted to court, and judgment for defendants.

373—Thomas J. Shannon vs. Anna M. Bartholome et als; to enforce lien; demurer sustained to complaint and an appeal granted to Supreme Court.

431—Trustees of Wartbug Lodge No. 2 &c. vs. John Steinbauer et als, on note; judgment by default for $116.00.

507—Benjamin Plummer vs. Lafayette Plummer et als; to enforce decree; judgment for plaintiff for $2306.83.

515 ½–Elizabeth Lindsay vs. Thos. Lindsay; divorce; defendant defaulted.

519—Frederick Rectanus et al vs. Thomas F. Lindsay et als; partition; tried by court; judgment of private sale. John N. Milburn appointed commissioner to sell; gave bonds for $5000.00.

541—Gresham Dunn vs. O. & M. R. R. Co.; damages; judgment by argument for $85.00 and costs against defendants.

561—Aloysius B. Buechler vs. Andrew Wagner et al; on note; judgment against Andrew Wagner alone for $148.00.

566—H. Burbaum et als vs. Charles Schied; on account; judgment by default for $357.81.

PROBATE—CLAIMS ALLOWED.

164—Michael Benz vs. Leonard Specknall, admr. of Emily Specknall’s estate; claim on an account of $14.40; submitted to the court and finding judgment for defendant.

220—Fred. Pryor vs. John S. Bowles et al, assignees of Thomas B. Calloway’s estate, on an account submitted to court and judgment for plaintiff for $156.00.

221—Miles Greenwood vs. same on an account and note; judgment for plaintiff on the account for $183.06 and claim on note dismissed.

222—A. W. Ross vs. same; claim on an account for $69.39. Claim allowed.

223—George Moore vs. same; claim on an account for $72.47.

230—Perry Chance vs. William B. Miller admr. of James H. Bailey’s estate; on an account; judgment for plaintiff for $30.00.

231—Miller & Gatch vs. John R. Thompson, admr. of William M. Thompson’s estate; claim on an account for $10.00. Claim allowed.

Aurora Farmer and Mechanic – 21 May 1874 – Page 4, Column 3

Circuit Court.
Omer F. Roberts, Judge.
Reported by G. W. Mendell, Attorney, Lawrenceburgh, Ind.

PROBATE—CLAIM DOCKET.

174—Bonaparte Bradley vs. John C. Craig, administrator of Hugh Smith’s estate; on an account; plaintiff defaulted and claim dismissed.

194—David Nevitt vs. Oliver P. Liddell, administrator of Daniel Major’s estate; on an account; submitted to court and judgment for defendant.

STATE CASES.

State vs. Richard T. Winkley, for provoking an assault; appeal; tried by jury and acquitted.

State vs. Milta Kelley; larceny; tried and acquitted.

Aurora Farmer and Mechanic – 11 Jun 1874 – Page 4, Column 3

Circuit Court.
Omer F. Roberts, Judge.
Reported by G. W. Mendell, Attorney, Lawrenceburgh, Ind.

1843—Lucy Gerard vs. Ezra Gerard et al, in petition; submitted to Court, and finding and judgment for plaintiff for $1,437.40.

198—Michael Bimmer vs. I. C. & L. R. R. Company, appeal; submitted to Court and finding and judgment for defendant.

269—Thos. Wallace vs. Robt. Duck, appeal; submitted to jury and verdict for defendant.

312—Joseph G. Parks et al vs. Elijah H. Sparks; judgment by agreement for plaintiffs for $85, and plaintiffs to pay their witness fees before justice and in court; defendant to pay balance of costs.

338—Thos. Godfrey vs. I. C. & L. R. R. Company; judgment for defendant on pleadings.

443—Mary E. Campbell by her next friend, &c. vs. Charles E. Hamilton; breach of promise of marriage; tried by jury and verdict for plaintiff for $7.50.

457 ½–Thos. Spicknall vs. George Held, in attachment; attachment dismissed at plaintiff’s cost, and judgment on note for $321.

458—Asbury Roberts vs. Wm. Pate, appeal; submitted to Court, and finding and judgment for plaintiff for $101.

466—Henry Wells vs. Ferdinand Blaise et al, foreclosure of chattel mortgage; submitted to Court, and judgment of foreclosure and order of sale.

524—State ex rel Elizabeth Daggy vs. Frank Baker, bastardy; submitted to court, and finding and judgment for plaintiff for $500.

193—Jesse Coalshire vs. city of Aurora, damages; submitted to jury, and verdict and judgment for plaintiff for $500. An appeal prayed to the Supreme Court, and sixty days given to file bill of exceptions.

348—Samuel W. Conger vs. Strange A. Noyes, ejectment; submitted to Court, and finding and judgment for plaintiff for recovery of land.

515—Andrew A. Helfer vs. John H. Denton, on note; appearance withdrawn and judgment by default for amount of note.

Dearborn County Circuit Court Proceedings – Feb 1874

Proceedings of the February 1874 Term of the Dearborn County, Indiana Circuit Court appeared in:

Aurora Farmer and Mechanic – 12 Feb 1874 – Page 4, Column 4

Circuit Court.
Omar F. Roberts, Judge.

State of Indiana vs. Elias F. Tenney, assault and battery; dismissed by prosecutor.

Same vs. Geo. Lamping, riot; dismissed by prosecutor.

Same vs. same, assault and battery; continued.

Same vs. Elias F. Tenney, official negligence; dismissed.

Same vs. Wm. Bryant, assault and battery; plead guilty and fined $5.

Same vs. Wm. Bryant and Edward Barrett, attachment for contempt; dismissed.

Same vs. Anna Meunsch, provoke; dismissed.

Same vs. Benj. Blue, obstructing highway; dismissed.

John J. Davis vs. I. & C. Railroad; finding for plaintiff, $57.82.

R. D. Brown, administrator, vs. P. Held; judgment.

Jos. H. Burkham vs. Jas C. Smith, claim; attachment.

Mary A. Vail vs. Hiram Clark, writ of replevin.

Peter Walter vs. Louis Fisk, note; dismissed.

Atlanta Carbaugh vs. Simon Carbaugh, divorce; granted.

Milton Taylor vs. Geo. Griffin, note for $273.57; judgment.

Ed. Hayes vs. Danl. M. Guard et al, note for $1,350; judgment.

Henson D. Moore vs. Ann Bayley et al, account; judgment for plaintiff.

First National Bank of Lawrenceburgh vs. Ezra Guard et al, not for $221; judgment for plaintiff.

Same vs. Geo. S. Wymond, note for $50; judgment for plaintiff.

Same vs. Lawrence C. Dailey and wife, on note; judgment for plaintiff.

Same vs. James C. Martin and Jos. H. Guard, note; judgment for pltff.

Same vs. James C. Hayes and James C. Martin, note for $4,015.75; judgment for plaintiff, and $105 allowed Schwartz as a reasonable attorney fee.

Same vs. James C. Martin, not for $5,836.87; judgment for plaintiff.

Wm. H. Conaway vs. Mary J. Conaway; dismissed at cost of plaintiff.

Jacob Seasonwood et al vs. James Muir, for costs; judgment for defendant.

Jacob Kiger et al vs. Truitt & Miller; under advisement.

Lizzie A. Hardesty vs. O. & M. R. R.; tried by court and under advisement.

Mary E. Schlicht vs. Geo. Schlicht; dismissed at plaintiff’s cost.

Wm. Pate vs. Frank Muescha; dismissed.

Mary A. McCullough vs. John McCullough, divorce; dismissed at plaintiff’s cost.

Samuel Brackenridge vs. Purnel A. Tanner; judgment for plaintiff.

James M. Rumsey et al vs. Albert Chambers et al; judgment.

E. G. Burkham et al vs. E. B. Hayes et al; dismissed at plaintiff’s cost.

Wm. Seth vs. Nancy Seth, divorce; granted.

Hanson D. Moore vs. A. P. Cady and McClure; McClure defaulted.

Albert D. Jackson vs. A. A. Helfer; judgment for defendant.

John Gutzwiler vs. Michael Egner et al; judgment for plaintiff for $428.80 and costs.

Mary Barrett vs. David Barrett, divorce; defendant defaulted.

State of Indiana vs. Jacob Gebhart, assault and battery; plead guilty and fined two dollars.

Thos. Spignell vs. Geo. Held; dismissed at plaintiff’s cost.

Mary Baydall vs. Wm. Buffington Jr.; judgment for plaintiff.

State of Indiana vs. Mary A. Madigan, selling on the Sabbath; tried by jury, and fined five dollars.

State vs. Ritter, for malicious trespass, tearing down fence; acquitted.

Aurora Dearborn Independent – 12 Feb 1874 – Page 2, Column 1

CIRCUIT COURT REPORT.
Before Judge Roberts.

Court met on Monday of last week. Since the meeting of Court the following causes have been disposed of:

No. 156—R. H. Givan & Co. vs. Ben. Plummer, Administrator of Manliffs. Claim dismissed for want of prosecution.

No. 178—Robert H. Givan vs. same estate. Dismissed for want of prosecution.

No. 198—Geo. W. Terrell vs. Rudolphs estate. Claim allowed $255.50.

No. 200—Trustees of Christian Union Church vs. S. Franklin’s estate. Dismissed for want of prosecution.

No. 199—Strawder Cheek vs. Rudolph’s estate. Claim of $453.20 allowed.

No. 209—Warren Tebbs vs. Yerker’s estate. Claim $10 allowed.

No. 219—James C. Martin vs. Walter Hayes’ estate. Claim dismissed.

No. 686—State vs. E. F. Tenney. Indictment for official negligence. Nol Pros. by the prosecutor.

No. 722—State vs. Bryant and Barrett. Contempt. Nol Pros.

No. 735—State vs. Anna Munch. Provoking an assault. Nol Pros.

No. 744—State vs. Ben Blue. Obstructing highway. Nol Pros.

No. 846—State vs. Gebhardt. Indictment for assault and battery. Plea of guilty and fine of $2 and costs.

No. 1809—J. P. I. Davis vs. I. C. & L. Railroad Co. Trial by the Court, and judgment for plaintiff, for $28.92. This was an action to recover for wood sold the company.

No. 80—William A. Conaway vs. Mary J. Conaway. Action for Divorce. Dismissed for want of prosecution.

No. 93—Jacob Seasongood vs. James Muir. Action on note. Dismissed at plaintiffs costs.

No. 102—State ex rel H. D. McMullen vs. The Auditor of Dearborn Co. This was an action to recover compensation for services as Attorney for the State in the Cheek case at Brookville. A demurer was sustained by the Court to the complaint, and the plaintiff refusing to plead further, judgment was rendered in favor of defendant. Appealed to the Supreme Court.

No. 278—Joseph Warner vs. Spidel. Appeal dismissed. The case came up from a Justice in Centre township.

No. 307—M. E. Schlicht vs. Geo. J. Schlicht et als. Civil action. Cause dismissed at plaintiffs costs.

No. 325—Wm. Pate vs. Frank Mancher. Appeal from Justice dismissed at defendants costs.

No. 382—S. B. Brackenridge vs. P. A. Tanner. Appeal from Justice by defendant dismissed at his costs.

No. 398—Thomas Spicknall vs. Geo. Held. Attachment. Cause dismissed by plaintiff.

No. 399—A. D. Jackson vs. A. A. Helfer. Action on account. Dismissed at plaintiffs costs.

No. 425—E. G. Burkam et al vs. Erastus B. Hayes et al. Action on note. Dismissed.

No. 452—Peter Walter vs. Louis Fisk. On account. Cause dismissed.

No. 471—H. D. Moore et als vs. Ann Bogly et als. Foreclosure and judgment.

No. 476—R. D. Brown, administrator of N. H. Torbet, vs. P. H. Held. Judgment for $69.90 on note.

No. 744—The First National Bank of Lawrenceburgh vs. Ezra Guard et als. Judgment on note for $421.65.

No. 487—Same vs. James Martin et als. Judgment on note for $671.67.

No. 488—Same vs. James C. Hayes et als. Judgment on note for $4,120.07.

No. 489—Same vs. J. C. Martin et als. Judgment on note for $5,936.87.

No. 455—Mary Baydoll by her next friend, John Burghahl, vs. Wm. Buffington Jr. dismissed by the plaintiff at her costs.

The State vs. William Bryant. Provoking an assault. Plea of guilty, and a fine of $2 assessed.

State vs. Mary Madigan. Indictment for selling on Sunday. Trial by Jury. Verdict of guilty and fine of $5 assessed.

The State vs. Mrs. Mary Ritter. Information for malicious trespass. The defendant was charged with pulling down a board fence in Cochran belonging to J. D. Stanford. Trial by jury. The testimony disclosed the fact that the fence in question was built across an alley. Verdict of the jury—“Not guilty.”

The State vs. Einsensmoocher. Information for disturbing a religious assembly called the “Free Methodist,” a society in Lawrenceburgh. The evidence disclosed the facts that when those people were singing and praying the defendant who was in an adjourning room, amused himself by hallowing, dancing, cat-calling and pounding on the wall with a tin pan. The case was tried by the Court, who fined the defendant $25, and costs, being the full extent of the law.

The State vs. Landen. Same charge. Trial by the Court, finding of guilty, and a fine of $20 was inflicted.

The Petit Jury for this term, as empaneled on Monday, is composed of the following gentlemen: J. D. Johnson, A. D. Hopping, Wm. McMullen, David Pritchard, Geo. W. Hall, Jerome Ellis, Armitage Morgan, Martin Buchart, John A. Cole, Thomas Darling, Charles Bowton, Michael Boll.

Aurora Farmer and Mechanic – 26 Feb 1874 – Page 4, Column 4

Circuit Court.
Omar F. Roberts, Judge.
Reported by G. W. Mendell, Attorney, Lawrenceburgh, Ind.

No. 99. Michael Fichter vs. Otha Hayes, attachment; tried by court; judgment for $122, and judgment for costs of attachment against plaintiff.

219. Frederick New house vs. Wm. Coxen and Robert Duck; action on contract; tried by jury; verdict rendered for $42 for plaintiff.

247. Franklin Life Insurance Company vs. Adam Herdegen; appeal; dismissed by plaintiff.

249. Robert Duck vs. Fred. Newhouse and Wm. Coxen; action on contract; stricken from the docket at plaintiff’s cost.

260. Jacob Seasongood et al vs. Jno. M. Hoover; proceedings supplementary to execution; dismissed by plaintiff, with leave to withdraw papers.

269. Thos. Wallace vs. Robt. Duck; action on account; trial by jury; verdict for plaintiff for $16.50.

369. Frank Skelton vs. John B. Garnier; on an agreement; dismissed by plaintiff.

444. Laughery Turnpike Company vs. Jane E. Lynn and Eva Lynn; appeal; change of venue from Judge.

448. The Cincinnati, Indianapolis, and Lafayette Railroad Company vs. Alfred A. Phillips; attachment; judgment against defendant by default.

448A. Richard H. Goodman and Francis W. Taylor vs. Alfred A. Phillips; claim filed under 448; defendant defaulted.

448B. John B. Garnier vs. same defendant; claim filed under 448; defendant defaulted.

448C. Henry Wesler vs. same defendant; claim filed under 448; defendant defaulted.

448D. Fred Wesler and Christ. Wesler vs. same defendant; claim filed under 448; defendant defaulted.

448E. James H. Swope and Nimrod Lothen vs. same defendant; claim filed under 448; defendant defaulted.

448F. Leonard Seimantel vs. same defendant; claim filed under 448; defendant defaulted.

448G. James Burke vs. same defendant; claim filed under 448; defendant defaulted, and judgment for plaintiff for $46.35.

448H. James McKinner vs. same defendant; claim filed under 448; defendant defaulted.

448I. Alex. Beckman vs. same defendant; claim filed under 448; defendant defaulted.

448J. Godfrey Holterhoff vs. same defendant; claim filed under 448; defendant defaulted.

448K. John B. Garnier and Edwin B. Dobell vs. same defendant; claim filed under 448; defendant defaulted.

448L. Daniel M. Skinner vs. same defendant; claim filed under 448; defendant defaulted.

448M. M. Gurnsey, Y. Roots, Albert E. Smith, and Edward D. Moore vs. same defendant; claim filed under 448; defendant defaulted. All of the above claims, except James Burke’s were assigned and transferred to Godfrey Holterhoff, who obtained a total judgment for $15,027.45.

451. Jacob Troutman vs. Louis Weitzel and the I. C. & L. Railroad Company; to recover personal property; dismissed.

453. Rose Ann Rumsey and John Rumsey vs. Wm. Brewington; slander; dismissed by plaintiffs, with leave to withdraw papers.

456. Wm. H. Israel vs. Alanson R. Wells; on an account; motion by Israel to remand cause back to Switzerland county; overruled.

477. Robert D. Brown, administrator, &c. vs. Philip H. Held; on note; tried by Court; judgment for plaintiff for $377.25.

479. Daniel Chidester vs. George Becker et al; foreclosure; defendant defaulted; judgment of foreclosure and for $1,847.47.

Letitia McClure vs. Isaac Stevens; action in replevin; on trial before jury when we went to press.

Aurora Dearborn Independent – 26 Feb 1874 – Page 2, Column 2

CIRCUIT COURT REPORT.
Before Judge Roberts.

Since our last report a good deal of business has been disposed of. We are informed by gentlemen of the bar that after this term, the business will be disposed of at each term.

No. 193—Dan. H. Miller vs. S. A. Vail’s estate. Claim for $49 on account. Trial by the court, and $32 allowed.

No. 205—W. H. Conn vs. James Bailey’s estate. Dismissed for want of prosecution.

No. 260—Jacob Seasongood vs. John M. Hoover. Dismissed by plaintiff’s attorney.

No. 270—Kiger & Smith vs. Truitt and Miller. Action on agreement. Judgment for $126 against Miller and for $297.03 against Truitt. Miller was surety for Truitt.

No. 369—Frank Skelton vs. John B. Garnier. Action on agreement. Dismissed at plaintiff’s costs.

No. 389—John Feierstien vs. Appolonia Feierstien et als. Action to quiet title. Judgment for plaintiff.

No. 407—Geo. R. Duckworth vs. W. B. Smith. Attachment proceeding. Dismissed by plaintiff at his costs.

No. 428—Mary Barrett vs. David Barrett. Action for divorce. Trial by court (J. D. Haynes on the bench.) and judgment of divorce for plaintiff, custody of child and $800 alimony.

No. 453—Rose Ann Rumsey et als vs. Wm. Brewington. Slander. Dismissed by plaintiff, in order to bring another action.

No. 460 ½–Atlanta Carbaugh vs. Simon Carabaugh. Petition for divorce on ground of adultery. Divorce granted.

No. 463—William Seth vs. Nancy Seth. Action for divorce on the ground of adultery. Divorce granted and custody of children awarded plaintiff.

No. 477—R. D. Brown, administrator of Dr. Torbet’s estate vs. Elijah Huffman. Action on note and account. Judgment for plaintiff for $350. Trial by the court.

No. 479—Daniel Chidester vs. Geo. Becker et als. Foreclosure of mortgage and judgment for $1,847.47.

Lewis Feik vs. The State, the Clerk, Sheriff, and Prosecuting Attorney. This was an injunction proceeding to enjoin the collection of a fine and costs inflicted for selling under the old liquor law, the case having been tried after the taking effect of the liquor law of 1873. The said Felk held a license under the old law and violated it by selling to minors. The injunction was granted, because the Supreme Court have recently held that the new law repeals the old one, and that notwithstanding an individual may hold a license under the former, he is nevertheless subject to the penalties of the latter act. Injunctions were granted Henry Rief and Peter Pfalsgraff in similar cases.

No. 211—R. H. Vendelan vs. the estate of James Bailey. The case was dismissed for the want of prosecution at plaintiff’s costs.

No. 212—Hiram Burton vs. Bailey’s estate. Dismissed for want of prosecution.

No. 243—Charles Larobee vs. Bailey’s estate. Dismissed for want of prosecution.

No. 219—Robert Duck vs. Fred Newhouse. Proceeding to settle partnership accounts. Trial by jury, resulting in an order that each party be paid a certain amount out of the assets of the partnership.

Fred. Newhouse vs. Robert Duck. Dismissed at plaintiff’s costs.

Franklin Life Insurance Co. vs. Adam Herdegan. Action to recover on premium note. Dismissed at plaintiff’s costs.

Thomas Wallace vs. Robert Duck. Trial by jury and judgment for plaintiff for $16.50. This case was appealed by defendant, from a Justice of the Peace. This was the exact sum recovered by plaintiff before the Justice.

Aurora Dearborn Independent – 5 Mar 1874 – Page 2, Column 3

CIRCUIT COURT REPORT.
Before Judge Roberts.

No. 269—Thomas Wallace vs. Robert Duck. New trial granted.

No. 271—Liticia McClure vs. Isaac Stevens. Replevin of fanning mill. Trial by jury and verdict for plaintiff and $10 damages.

No. 274—Michael Honan and wife vs. Michael Maloney. Action to recover damages for assault and battery on Honan’s wife. Trial by jury, finding and verdict for defendant, Maloney. This case attracted a good deal of attention during its progress and the result is generally approved.

No. 277—Jacob Bloom vs. William Eckels. Suit for damages in driving wagon against plaintiffs buggy in the public highway resulting in injury to the person and buggy of plaintiff. Trial by the jury. Judgment for defendant.

Aurora Dearborn Independent – 12 Mar 1874 – Page 3, Column 3

CIRCUIT COURT REPORT.
Before Judge Roberts.

No. 290—Hanson D. Moore et als. Vs. Andrew P. Cady et als. Trial by court, and judgment of foreclosure and for $1,476.32.

No. 294—Thomas J. Weaver et als vs. Strawder Cheek and Eber Sherman. Action on Commissioners bond to sell land. Trial by court and judgment for plaintiff for $167.83.

No. 305—Lizzie A. Hardesty vs. The O. & M. Railway Co. Action to recover value of goods lost in transportation. Trial by jury and judgment for plaintiff for $87.50.

No. 464—J. W. Lamberton et als vs. Samuel Walker et als. Dismissed by plaintiff with leave to withdraw the papers in the case.

No. 309—Mary Powers vs. Louis Hayes. Breach of marriage promise. Dismissed for want of prosecution.

No. 211—R. H. Vandelann vs. Estate of James Bailey. Claim reinstated on the docket. Trial by the court and $102 allowed.

No. 129—B. F. Mulford vs. O. & M. Railway Co. Claim for stock killed. Judgment for argument for $26.00, including costs before the justice and in this court.

No. 462—State on relation of Thomas W. Grubbs vs. Edward and James Grubbs. Action on bond. Trial by court and judgment for plaintiff for $89.35.

No. 310—Henry Nowlin vs. John Groban. Action to recover possession of horse. Trial by jury and finding for plaintiff and $3 damages for the unlawful detention.

No. 319—City of Aurora vs. Thomas Lindsay. Charge, disorderly conduct. Dismissed at defendant’s costs.

No. 320—City of Aurora vs. Thomas Lindsay. Same charge. Dismissed as in above case.

Aurora Dearborn Independent – 19 Mar 1874 – Page 2, Column 1

CIRCUIT COURT REPORT.
Before Judge Roberts.

No. 417—Thomas L. Chisman vs. Elias Chisman. Appeal from Justice Canfield, and an action for the settlement of accounts between the parties. Trial by jury and verdict for plaintiff for $120.

No. 422—Sophia Wanke et als vs. Jason Pierce. Action instituted before a justice of the peace to recover the possession of real estate. Cause dismissed on motion, because the justice had no jurisdiction of the cause of action.

No. 184—John Billingsley vs. Joseph Vinson’s estate. Claim allowed of $925 at cost of claimant, he not having filed his claim within one year after the taking out of letters of administration.

No. 387—The City of Aurora vs. John Quigley. Action to recover penalty for violating ordinance of the city of Aurora, in assaulting and beating Mary Honan. Trial by jury and verdict for the city for $1 and costs. The case was tried twice before the Mayor, which, together with the costs in this court will cause them to amount to about $150.

No. 446—The State of Indiana on the relation Keziah A. Davis vs. Enoch Hayes. Bastardy. Dismissed at plaintiff’s costs.

No. 396—F. A. York vs. Dexheimer. Dismissed at plaintiff’s costs.

No. 470—Edward Hayes vs. David M. Gaurd et als. Suit on mortgage. Judgment of foreclosure and for $1,327.17.

Ohio County Circuit Court Proceedings – Jan 1874

Proceedings of the January 1874 term of the Ohio County, Indiana Circuit Court appeared in:
Aurora Dearborn Independent – 29 Jan 1874 – Page 3, Column 3

Rising Sun-Beams.
Correspondence of the Independent.

Circuit Court completed its two week’s session on Saturday. These cases were tried.

State ex. rel. Clara D. Hunt vs. Fred. H. Tholke—Bastardy–$500.00 awarded to plaintiff.

L. D. Stanford vs. O. & M. Railway Co.—Civil action for damages–$300.00 for plaintiff.

Nelson Fisk vs. Joshua Baker—To recover real estate—The jury found for defendant in regard to the real estate, and also found that $1,490.00 was due plaintiff.

Dearborn County Circuit Court Proceedings – Dec 1873

Proceedings of the December 1873 Term of the Dearborn County, Indiana Circuit Court appeared in:

Aurora Dearborn Independent – 4 Dec 1873 – Page 2, Column 1

CIRCUIT COURT REPORT.
Before Judge Roberts.

This is the third week of the Dearborn Circuit Court. On last Monday the Petit Jury was empaneled, and is composed of the following gentlemen: J. B. Johnson, Melville Cannon, Columbus Johnson, Peter Emmert, John McMullen, J. B. Bruce, Z. B. Sisson, Martin Trester, Geo. Boli, John Meyers, Thomas Need, John L. Rand.

These are all new men, none of them having served on a petit jury for more than two years past, and a part of them were never upon a jury before. This is the result of the workings of the new law, which requires the selection of men who have not served a jurors for more than one year before their selection. Good men can always be selected by the enforcement of this law.

Since the commencement of the present term of Court the following cases have been disposed of either by dismissal or trial:

No. 739—State vs. Otto Lowe—Assault and battery. Trial by jury verdict of guilty and a fine of $3 assessed.

No. 627—State vs. Joseph McQuiston—Assault and battery. Plea of guilty and fine of $5 assessed.

No. 222—State ex rel S. A. Runnels et al vs. Jennette and Peter Hegg—Action on guardians bond for failing to account for money according to law. Trial by the Court and finding for plaintiffs in the sum of $289.

No. 235—Gideon Renner et al vs. John Heimberger and John B. Garnier. Civil action on note. Garnier being security. Trial by the judgment for plaintiffs for $556.40.

No. 238—Henry Ashoff vs. Jacob Marshall. Dismissed at plaintiffs costs.

No. 245—Joseph Russel vs. Board of Commissioners—Dismissed at plaintiffs costs.

No. 296—James C. Martin vs. J. Findley Wamsley—Dismissed at plaintiffs costs.

No. 335—States ex rel S. B. Stembower vs. John Christopher—Dismissed at defendants costs.

No. 342—Martha Pursell vs. Asa Olmstead et al—Dismissed at plaintiffs costs.

No. 357—John Curran et al vs. F. G. Appleton—Dismissed at plaintiffs costs.

No. 374—Nicholas Miller vs. Wilhelmenia Miller—Petition for divorce. Suit abated by death of plaintiff, and stricken from the docket.

No. 375—Louisa Erhart vs. Martin Erhart—Dismissed at plaintiffs costs.

No. 478—Robert Criswell vs. City of Aurora et al—Dismissed, each party paying half the costs.

No. 384—Zernah Hyland vs. Dennis Mahoney et al—Action to quit title. Trial by the Court and judgment for plaintiff.

No. 386—Geo. H. Styer vs. Geo. B. Tebbs—Plaintiff called and defaulted. Suit dismissed for want of prosecution.

No. 390—Estner Todd et al vs. John Todd—Action for portion and sale of premises decreed. F. M. Johnson appointed Commissioner, under bond of $1500.

No. 393—F. L. Lowdon et al vs. N. L. Isgregg et al—Action to foreclose mortgage, judgment of foreclosure and for $455.08.

No. 402—Charles Weltz et al vs. Antony Braun et al—Dismissed at defendants costs on payment of claims.

No. 408—Jacob Hayes vs. Chalon Goodwin et al. Judgment of foreclosure and decree for sale of mortgaged premises.

No. 419—A. A. Helfer vs. Geo. A. Riggs—Action on account. Dismissed at defendants costs on payment of claims.

No. 413—M. M. Hayes vs. D. M. Guard et al—Action on note, judgment for plaintiff in the sum of $85.19.

No. 414—M. M. Hayes vs. D. M. Guard et al—Action on note, plaintiff obtained judgment for $96.35.

No. 433—O. F. Ludlow vs. Angel Sunderbrook et al—Civil action on note. Dismissed at defendant costs.

No. 436—J. H. Burkam vs. J. H. Swope—Suit on account judgment for Plaintiff for $175.

No. 445—James Greer vs. Abram Epstien—Judgment in favor plaintiff on note for $7,645.57.

No. 446—Brookville National Bank vs. Thomas B. Calloway et als—Action on notes and bills of exchange. Judgment for plaintiff for $8,066.69.

Aurora Dearborn Independent – 18 Dec 1873 – Page 2, Column 2

CIRCUIT COURT REPORT.
Before Judge Roberts.

The following cases have been disposed of since our last report:

No. 666—State vs. Albert Snyder and others. Charge of malicious trespass. Dismissed on motion of the prosecutor.

No. 704—State vs. Ellen Ferry. Indictment for living in open and notorious fornication. Trial by a jury which lasted two and a half days. The Jury returned a verdict of guilty, and assessed her punishment at a fine of $100 and imprisonment in the county jail for fifteen minutes.

No. 682—State vs. Nicholas Winters. Charge, desecrating Sabbath, plea of guilty and a fine of $2 and costs assessed.

No. 725—State vs. John T. Lemon. Charge with becoming intoxicated. Trial by Jury and verdict of not guilty. This was the first case which has been tried in this court under the new liquor law.

No. 736—State vs. A. J. Morgan. Assault and battery. Trial by the court and finding of not guilty.

No. 737—State vs. J. C. Small. Charge of assault and battery on Mrs. Mary E. Hisey. Trial by jury and verdict of not guilty.

No. 740—State vs. Keziah A. Davis. Charged with keeping house of ill fame. Trial by jury and verdict of guilty, and fine of one cent. The Jury, it is supposed put the fine very low owing to the fact that the costs amount to about $100, which will be served out in the county jail at seventy five cents per day, as defendant could not replevy the judgment.

No. 132—John Lows vs. Wm. Hueston et al. Action to recover real estate. Trial by the court. Judgment and finding for the plaintiff. There was only about one acre of ground on North Hogan creek in dispute, but the costs amount to not less than $200.

No. 363—Peter Randell vs. The Lawrenceburgh and Napoleon Turnpike Co. Action dismissed by defendant at her costs.

No. 1774—Mary Lindsay vs. John F. Lindsay. Suit for the possession of real estate. This case was tried a year and a half ago before Judge Hanna, and ever since that time a motion for a new trial has been pending. The motion was overruled, whereupon the plaintiff prayed an appeal to the Supreme Court, which was granted.

No. 318—Amor Abden vs. Clarissa Daniels and John Daniels. Cause dismissed by agreement of parties, each to pay the costs made by them respectively.

No. 734—State vs. Mary Madigan. Information for selling intoxicating liquor to a minor, one Warren Watts, the information being found under the Baxter Liquor Law. The defendant pleaded guilty on which the court assessed a fine of $10.

No. 366—John Gulhman vs. Julius Hauck and Abraham Epstien. Action on dismissed at defendants costs.

Lorenzo D. Pelton vs. W. W. Gold, wife and son. This is an action by plaintiffs to set aside, as fraudulent, a conveyance of real estate by Gold and wife to their son. The case came here from Franklin county, on change of venue. The trial began before a jury on Wednesday of last week, and continued until Tuesday evening, a night session being held to hear the conclusion of the argument. We will give the result next week.

P. S. During the progress of the trial, Mr. Barrow, one of the plaintiffs died at Harrison, O., of lung fever.

Dearborn County Circuit Court Proceedings – Sep 1873

Proceedings of the September 1873 Term of the Dearborn County, Indiana Circuit Court appeared in:

Aurora Dearborn Independent – 11 Sep 1873 – Page 2, Column 3

Circuit Court Report.
September Term, 1873—Before Judge O. F. Roberts.

The State vs. John Burbank; indictment for public indecency.—Plea of guilty and fined $10. This case was tried at the last term by a jury, but the jury did not agree.—Costs about $50.

The State vs. Paul Truitt—Recognized to this court for manslaughter, in the shooting of Peter Miller. The Grand Jury at this term, heard the testimony, refused to find a bill, and recommended that the defendant and his sureties be discharged from the recognizance, which, on motion was done. Truitt may be indicted by any Grand Jury hereafter.

Nos. 700 and 701, State vs. Isabella Dodd and Geo. Kirkwood—Indictments for adultery. In these cases after being imprisoned awaiting trial, they concluded to atone for their offences by getting married. They were brought into court and married by the Judge, who then fined each one dollar and imprisoned them one hour for past offenses.

James Dinar vs. the O. & M. R. W. Co.—Dismissed at costs of defendant.

The City of Aurora vs. Andreas Smith—Charged under an Ordinance of the city with keeping a gaming house. Dismissed at the cost of the city at the adjourned term.

No. 18—Clara Balzner et al vs. Peter Nead. Dismissed at plaintiff’s costs.

No. 21—Hannah Goodwin vs. Chalon Goodwin. Divorce. Dismissed.

No. 27—N. S. Givan vs. The City of Lawrenceburgh. Action for services as attorney. Dismissed at defendant’s costs.

No. 95—Jacob Heck vs. Christian Wesler. Action for false imprisonment. Judgment on verdict for one cent damages.

No. 144—John Alexander vs. Nancy A. Tanner, et al. Judgment of foreclosure and for $320.

No. 145—Julius Hauck vs. John Kirchman, dismissed at plaintiff’s costs.

Nos. 184, 185, 186, 187 and 188 being a batch of cases brought by Manlove, Receiver of the Farmers’ and Mechanics’ Ins. Co., against Day, Scheffer, Gross, Curry and Bowers, on premium notes, were dismissed at the plaintiff’s costs.

No. 206—State on relation of Jane Saunders vs. A. W. Bruce et al. Suit on Administrator’s bond. Dismissed; each party paying one half of the costs.

No. 231—John Wall vs. Conrad Brandt et al. Foreclosure and judgment for $53.83.

No. 244—Francis Buffington vs. The City of Aurora. Dismissed at the adjournment of term at plaintiff’s costs.

No. 265—Joseph Tittill vs. Thos. J. Lucas. Dismissed.

No. 286—Michael Hoff vs. Frederick Yohan et al. Judgment for foreclosure and $298.

No. 288—Belinda Johnson et al vs. J. Scott Kelsey. Partition. Sale decreed.

No. 272—Mariah Rohlfing vs. Rosana Rohlfing. Partition. Sale of real estate reported and deed executed.

No. 316—William Cure vs. Emily E. Cure. Divorce. Dismissed at plaintiff’s costs.

No. 321—Ignatz Panter vs. Ezra Guard. Dismissed at plaintiff’s costs.

No. 323—Milburn Thetgee by his next friend, A. C. Thetgee, vs. Angelina B. Jones. Breach of marriage promise. Dismissed at plaintiff’s costs, because the next friend had not filed written consent to be responsible for costs before process was issued.

No. 327—Peter Petre vs. Louis Quellhorst et al. Foreclosure and judgment for $731.55.

No. 330—Wm. Vosmeir vs. Herman Knippenberg, et al. Foreclosure and judgment for $1126.40.

No. 336—Seth C. Foster vs. Jos. I. Barnhart. Foreclosure and judgment for $218.15.

No. 337—Robt. Criswell vs. Henrietta Chisman et al. Foreclosure and judgment for $244.50.

No. 44—W. H. Tholke vs. John R. Miller. Dismissed at plaintiff’s costs.

No. 345—Katharina Roth vs. David B. Wright. Judgment on note for $127.56.

No. 346—Katharina Roth vs. Firman Marshall. Judgment on note for $99.

No. 351—Henry Reuther vs. Phillip Metz. Dismissed and costs paid by plaintiff.

No. 353—Chas. White vs. Erastus B. Hayes et al. Judgment on note for $304.50.

No. 355—John Emmert vs. Jacob Zapp. Action to set aside deed. Defendant defaulted and judgment for plaintiff.

No. 365—John Guhman vs. Hart Epstein. Judgment on note for $282.50.

No. 377—Ex Parte. E. B. Hunt et al. Judgment for partition.

No. 333—Geo. Clements vs. Sallie Kloebel et al. Judgment of partition and sale of land decreed.

No. 339—Thos. Wilson vs. Charles Libbertt et al. Judgment on note for $450.

Aurora Dearborn Independent – 18 Sep 1873 – Page 2, Column 2

Circuit Court Report.
September Term, 1873—Before Judge O. F. Roberts.

We continue the report of cases finally disposed of at the present term, together with such items of interest as may transpire.

On Monday morning the 15th inst., the Petit Jury came, whereupon the following persons were empaneled as such Jury for this term: S. Greenham, Rudolph Monke, Gideon Renner, Wm. Duncan, Job Blake, Oliver F. Cloud, Ad. Glaub, John Kennedy, Ed. Jackson, Benj. Bruce, O. P. Miller, and Hugh Houston.

There is one virtue in the above jury: there is not a “hanger-on” to be found among them. All are new men and will make an excellent jury.

Since our last report, the following cases have been finally disposed of:

No. 136—Mary E. Wrennick vs. Harrison’s estate. Dismissed at defendant’s costs.

No. 158—T. E. Craig vs. Tanner’s estate. Dismissed at costs of plaintiff.

No. 179—F. A. York et al vs. Rudolph’s estate. On account. Judgment for plaintiff for $97.44.

No. 180—Aurora Gas Co. vs. Rudolph’s estate. Claim for $22.06. Allowed.

No. 181—J. M. Kreitner vs. Rudolph’s estate. Suit on account.—Judgment for plaintiff, $8.45.

No. 182—Amburgh & Bro. vs. Rudolph’s estate. Action on note—Judgment in favor of plaintiff for $1848.20.

No. 183—G. F. Randall vs. Rudolph’s estate. Claim on account. Allowed $153.57.

No. 485—James Griffith vs. Estate of Joshua Yerkes. This was an action to recover compensation for nursing and boarding deceased the last six years of his life. Trial by Court and judgment for plaintiff for $750. The testimony showed it was worth from $3 to $6 per week to take care of the old man.

No. 187—W. H. Bainbridge vs. Sherbaugh’s estate. Claim of $5 allowed.

No. 190—Chambers, Stevens & Co. vs. G. M. Chisman’s estate. Suit on account and judgment for $79.87.

W. B. Miller vs. Shuman’s estate. Claim for balance on judgment of $24.68. Trial and judgment for plaintiff for full amount of claim.

No. 686—The State vs. Geo. Link. Indictment for malicious trespass, dismissed.

No. 687—The State vs. J. Firsag. Indictment for same offense. Dismissed.

No. 690—The State vs. Chris Reiner. Assault and battery. Dismissed.

No. 691—State vs. Michael Reiner. Assault and battery. Dismissed.

No. 667—State vs. D. Robinson. Indictment for failing to return marriage license. Dismissed.

No. 98—J. H. Thompson vs. McDonald Cheek et al. Dismissed at plaintiff’s costs.

No. 146—John Todd vs. Jas Weaver. Dismissed at plaintiff’s costs.

No. 255—Jacob Trester vs. T. L. Chisman et al. Dismissed because the plaintiff refused to plead further.

No. 295—T. E. Scoby vs. Lytle W. Parks and wife. Judgment of foreclosure and for $794.37.

No. 303—Charles Schott, Trustee etc. vs. The Commissioners of Dearborn Co. Appeal from an order of the Board. Dismissed because an appeal does not [?] at appellant’s costs.

No. 349—S. W. Conger vs. Seth Platt et al. Action on note and judgment against Platt for $1162.95, and continuance as to the other defendants.

No. 362—Jennie Henser vs. Josephus Buffington. Action for slander. Judgment for plaintiff of one cent damages and costs.

Ex Parte. Margaret Brogan et al. Judgment for sale of premises, and Schwartz, Commissioner, to sell the land. Bond of Commissioner, $6,000.

No. 398—Ex Parte. Margaretta Hanbold et al. Judgment for sale of land. Schwartz, Commissioner, to sell land. Bond $3,500.

No. 199—Henry B. Fenton vs. The Western Union Telegraph Co. Suit to recover damages for failing to deliver to plaintiff a dispatch. Trial by the court, which after hearing all the testimony, rendered judgment for plaintiff for $210. Motion by defendant for a new trial pending.

No. 718—State vs. Henry Haas et al. Information for riot. Trial by the Court and a finding of not guilty.

No. 737—State vs. George Fox—Charged with assault and battery. Trial by the court and a finding of guilty. Fine $5 and costs.

No. 719—State vs. Isaac B. Ward, Chas. Angevine and John Sawyer. Indictment for kidnapping. This cause was called for trial and a jury empaneled on Monday. The trial in progress up to Wednesday morning and had not concluded when we went to press. It is attracting a great deal of interest, as it is the first case under this charge, as we are informed that has ever been tried in Dearborn County. We will give the result next week.

Aurora Dearborn Independent – 25 Sep 1873 – Page 2, Column 2

CIRCUIT COURT REPORT.
September Term 1873—Before Judge O. F. Roberts.

The business of the Court is being pushed forward rapidly. The following cases have been finally disposed of since our last report:

No. 115—W. H. Swales vs. O. Tonsey’s Estate. Claim on account. Trial by the Court and finding for the defendant.

No. 719—The State vs. Isaac Ward, Charles Augevine and John Sawyer. Kidnapping. This case, after argument of Counsel and charge of the Court, was submitted to the jury at 1 o’clock p.m. on last Thursday. The Jury retired and after an absence of fifteen minutes returned the following verdict: “We the Jury find the defendants not guilty as charged in the indictment. Gideon Renner, Foreman.” On inquiry we find, as stated in our last issue, that his is the first kidnapping case ever tried in Dearborn County.

No. 79—Edwin Gipson vs. Elizabeth Gipson. Divorce. Dismissed at Plaintiff’s costs for want of prosecution.

No. 208—J. H. Burkam vs. J. C. Hayes. In this case the plaintiff and also the defendant have made application for a struck jury; which was granted.

No. 721—The State vs. Edward Hayes. Assault. Dismissed on motion of the Prosecuting Attorney.

No. 379—D. M. Guard et als vs. Martha Wheelock. This was an application to have a credit entered on a judgment. Amount of credit $303. Trial by the Court. Application refused.

No. 377—Ex-Parte. E. B. Hunt et als. Partition. The Commissioners made their report which was approved, whereupon the cause was stricken from the docket. This case involved the division of the Real Estate belonging to the estate of Jesse Hunt, deceased.

No. 736—The State vs. Johnathan L. Blasbell. Information for carrying concealed weapons. Nolle Prosequi entered by the Prosecuting Attorney.

No. 720—The State vs. Amos Bruce et als. Information for trespass in moving a poplar log from the lands of Frederick Krete. Trial by a jury. Finding a guilty as to Amos Bruce and a fine of $50 assessed. Not guilty as to the two younger brothers of Amos. The testimony showed the log was worth $10. The Statute is positive that the fine is such case shall be five times the value of the article removed.

No. 741—The State vs. Frank Know. Indictment for assault and battery with intent to kill and murder one Jacob Matticks. The defendant was arraigned, plead guilty, and was put on trial before a jury last Monday. On Tuesday the jury returned a verdict of not guilty as to the intent kill, but guilty of an assault and battery, and assessed his punishment at a fine of $50 and imprisonment in the County jail for 60 days.

Ohio County Circuit Court Proceedings – Feb 1871

Proceedings of the February Term of the Ohio County, Indiana Circuit Court appeared in:
Aurora Dearborn Independent – 23 Feb 1871 – Page 2, Column 3

Ohio County Circuit Court.
RISING SUN, Feb. 20.

This Court convened on the 13th inst., Judge Hanna on the bench. “The course of true love never did run smooth,” it is said, and perhaps this will also apply to the law business. Collisions on the river and on the railroad are often heard of, but we had a collision of Judges on Wednesday. They came together, butted a while, but no particular damage was done to the machinery. For this accident perhaps the engineer is to blame. Judge Lamb appointed Judge Berkshire to hold a special term of Circuit Court to try an old State case brought over from Franklin county. It is entitled “State ex rel. McCarty vs. Pepper et. al.” Judge Hanna, however, who is running over Circuit Court train, concluded to appoint Judge Carter to try the case at the same time and place. Hence the collision. After knocking legal heads together for a while, said heads agreed to postpone the case until April, to be tried in Franklin county before Judge Carter.

Cases before our Circuit Court and continued are too numerous to mention, and only those which arrived at a verdict will be briefly considered.

The attorneys in attendance were Messrs. Holland, Barbour, Binkley, Haynes, Given, McMullen and Prosecuting Attorney Brumblay from other counties, and Messrs. Davis, Stewart, Coles, Downey and Spencer of Ohio county; also J. S. Jelley and J. F. Bellamy, of Kansas. Supreme Judge Downey dropped in for a short time on Tuesday. That old mill—the grand jury—was started to grinding, with J. B. Gerrard as foreman.

State vs. Norris. Giving liquor to a minor. Plea of guilty; $5 fine.

State vs. George Murdock. Assault and battery. Plea of not guilty—acquitted.

Maria J. Downey et al vs. Erastus S. Downey et al. Partition—report of Commissioners confirmed.

Isaac Heyn and Samuel Heyn vs. Jamieson. Attachment—judgment for plaintiffs of $73.

David Lostutter vs. Wm. E. Jelley. Attachment—judgment for plaintiff of $792.

Harriet Jones vs. John Jones. Divorce—divorce granted.

Eliza Sisson vs. David Sission. Divorce—granted; alimony $900.

G. W. Miller vs. Virginia Miller. Divorce—granted.

Samuel F. Lindsay vs. Electa Lindsay. Divorce—judgment for the defendant on cross complaint. Divorce granted; defendant to have custody of the child and $600 alimony. This case excited considerable interest and was a full day’s work.

Joshua R. Crouch brought suit against the County Commissioners for refusing him license to sell liquor. After a partial trial the casee was worked entirely out of Court, much to the surprise of his attorneys.

The term closed on Saturday.